Managing the Complexities
Social media’s ubiquity has blurred the lines between our personal and professional lives. This presents a unique challenge for both employers and employees. Where do our rights to free speech end and potential consequences begin?
Employee Rights: When Personal Goes Public
The National Labor Relations Board (NLRB) protects employees’ rights to engage in “concerted activities” to improve working conditions. This includes discussing wages, benefits, or safety concerns on social media, even if critical of the company.
However, these protections have limits. Employees generally have free reign over their personal social media content, as long as it doesn’t:
- Contain confidential or slanderous company information.
- Constitute harassment or bullying of colleagues.
- Incite violence or illegal activity.
Even if not directly related to work, highly offensive or inflammatory content on an employee’s personal social media could damage the company’s reputation, leading to disciplinary action.
Employer Rights: Balancing Public Image with Privacy
Employers have a legitimate interest in protecting their brand reputation. They can have social media policies outlining expectations for employee conduct online, but these policies cannot be overly broad.
For instance, a policy restricting all negative comments about the company, even on personal accounts, might be found to violate the NLRB’s protection of concerted activities.
The Line Gets Drawn: When the Post Crosses the Line
So, what happens if an employee makes a truly egregious social media post, unrelated to work, but tarnishes the company’s image or is unfavorably linked to the company? Here, the employer can consider factors like:
- Severity of the post: Does it promote hate speech, violence, or illegal activity?
- Impact on the company: Does it damage the brand or create a hostile work environment?
- Employee’s position: Does the employee hold a public-facing role where their conduct reflects on the company?
Based on this analysis, the employer might choose to take disciplinary action, up to termination, depending on the severity of the situation.
The Takeaway: Open Communication is Key
Open communication is the best course of action for both employers and employees. Businesses should have clear yet legally compliant social media policies in their employee handbooks.
Employees would be wise to be mindful of the potential impact of their online presence, even on personal accounts.
Social media conundrums got you down? Contact your HR Business Partner at Nextep for one-on-one guidance!
